Child Support in Oklahoma-How Will Your Income Be Calculated for Child Support Purposes-
When ever I sign up a new Paternity or Divorce case in Tulsa Oklahoma, more often than not I am asked what a person’s child support will be or what amount of child support they can expect to pay. The question, while seemingly simple, involves lots of separate individual pieces of information, but generally Oklahoma child support is based on the following:
The number of children
- The gross income of each of the parties
- The number of overnights that each party will have with the minor children
- If day care is being expended and who is paying forthat expense
- Healthcare coverage for the minor children
This blog post concerns the second item on the above list. The child support law in Oklahoma provides that the parties income will be imputed at their gross income or whatever the family court deems equitable. This can mean that your income can be imputed in various ways, but the court will do what it seems fair and of course what is in the best interest of the minor children.
Your income for child support purposes may be imputed by:
Taking a look at all of your actual monthly income,plus such overtime and supplemental income as the court deems equitable;
- Your average of the gross monthly income for the time actually employed during the previous three (3) years; or
- Minimum wage calculated at forty-hours per week (often used when on party is unemployed).
The Oklahoma family court may also impute income based on various other factors such as: whether a parent is willfully underemployed or unemployed, when there is no reliable evidence of income, the past and present employment of the parent, the education, training, and ability to work of the parent, the lifestyle of the parent, including ownership of valuable assets and resources, whether in the name of the parent or the current spouse of the parent, that appears inappropriate or unreasonable for the income claimed by the parent, and any additional factors which the court deems relevant.
Finally, as discussed in other blog posts, income for the purposes of child support in Oklahoma rarely considers the personal expenses, other than child support due for prior born children, of the party obligated to pay child support. One exception is if that parent is self-employed. In that case, the parent’s income will be imputed at what they make minus any ordinary and reasonable expenses necessary to produce such income. Additionally, when running such a computation, a self-employed parent will receive a “credit”, that deducts an amount equal to the employer contribution for F.I.C.A. tax which an employer would withhold from an employee’s earnings on an equivalent gross income amount.